Per Mr.P.N.Kashalkar, Hon'ble Presiding Judicial Member

Heard Mr.S.A.Abhyankar-Advocate for the applicant. None for the respondent

In this Execution application no.08/22 on behalf of O.P.no.3-Nova Nirman Nigam, one shop has been kept as security.  Now award has been passed.  As per award amount of `19,50,000/- has already been paid before complaint was lodged.  Complaint was confined directing O.P.nos.2 & 3 to pay interest @ 9% p.a. on the said amount.  O.P.no.2 has paid the amount. O.P.no.3 has knocked the doors of Hon’ble National Commission and Hon’ble Supreme Court and he did not succeed and, therefore, this execution is pending as against O.P.no.3 only for recovery of interest on the amount of `19,50,000/- @ 9% p.a. from 14/5/2003 to 17/6/2005 and cost of `3000/- and for recovery of the same, execution proceeding has been filed.  Since the shop is kept by way of security with this Commission and original document of title i.e. agreement is in our file, we direct Collector, Mumbai Suburban District Consumer Disputes Redressal Forum  to sell shop in question and to recover the amount and for that purpose recovery certificate under section 25(3) be issued to the Collector, Mumbai Suburban District for auctioning the said shop and for recovering `3,68,625/-, which is interest part payable by original O.P.no.3 as per award passed by this Commission, which is confirmed as against O.P.no.3 right upto Hon’ble Supreme Court.  Registrar to do the needful.  Execution application stands disposed of.